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3 times workers might be eligible for unpaid FMLA leave

On Behalf of | Oct 30, 2024 | Uncategorized

There are numerous federal laws that help protect workers. Some laws make it illegal for companies to discriminate against employees based on certain characteristics. Other statutes enshrine the right to engage in certain activities.

Workers can report injuries and speak up about harassment in the workplace. They can ask for accommodations if they develop disabling medical conditions. They may also have the right to take unpaid leave in certain circumstances. Some companies offer paid leave benefits, but not all do.

Many workers can qualify for unpaid leave under the Family and Medical Leave Act (FMLA) if they do not have paid leave benefits or have already exhausted their available paid leave. What situations may warrant an FMLA leave request?

Personal medical hardship

Individual workers may get hurt and need time away for their bodies to heal. They may also require a leave of absence to undergo treatment for a major medical condition, like cancer. Those with concerning injuries and illnesses might be eligible for up to 12 weeks of unpaid leave under the FMLA while recuperating or receiving treatment.

The need to support family members

The FMLA allows an individual to take a leave of absence when a member of their direct family requires support due to an injury or serious illness. If a parent, child or spouse requires medical support due to an illness or injury, workers can qualify for up to 12 weeks of unpaid leave under the FMLA. In scenarios where the party who requires support is a military servicemember, the supporting family member could be eligible for up to 26 weeks of unpaid leave.

The addition of a child to the family

There are numerous ways that people grow their families. Those who have just had a baby may qualify for up to 12 weeks of FMLA leave. People may also be eligible for leave after they adopt a child or secure the foster placement of a child. That leave allows people to recover from the medical challenges of birth or to adjust to new household circumstances after assuming care for an adopted or foster child.

Companies generally need to work with employees who require FMLA leave instead of punishing them for requesting and/or taking leave. Those dealing with denied FMLA leave requests or employer retaliation may need to take legal action. Understanding the laws that protect workers can help employees assert themselves when companies don’t follow federal statutes.